Alimony Reform Effort Continues Despite Two Years of Inaction in Massachusetts Senate

Massachusetts divorce attorney Jason V. Owens checks in on alimony reform,
which has been stymied for two years in the Massachusetts Senate.

When last we checked in on the Alimony Re-Reform Act (ARRA), this June,
reform advocates were feeling pleased about a recent Boston Globe editorial
endorsing their position, but were increasingly nervous that
Sen. William Brownsberger (D-Middlesex), Chair of the Senate Judiciary Committee would torpedo efforts to bring
the bill to a vote in 2017. It seems the nervousness was warranted.

Brownsberger successfully stymied a vote on the H.740 before the end of
the summer recess on July 31, 2017. Thus, for the
second straight summer, alimony reform died without a vote in the Massachusetts State Senate.
Brownsberger’s refusal to allow a vote was a bitter pill for activists
who once saw their bill pass unanimously, in
156-0 vote before the Massachusetts House.

Table of Contents for this Blog

Alimony Reform Advocates Vow to Fight On

ARRA Seeks to End Lifetime Alimony for Pre-2012 Divorces

Challenges Mount for Reform Advocates as Years Pass

Alimony Reform Advocates Vow to Fight On

Even after two years of lobbying without a vote, reform advocates vowed
that they would continue fighting for passage this fall. In an email to
supporters,
Stephen K. Hitner, President of Mass Alimony Reform, wrote the following:

Now that the Summer of 17 is over, I want to bring you up to date with
the current situation concerning H 740. It is currently in limbo. This
is due to the fact that the Legislature is concentrating on Criminal Law
Reform. I do not expect any action on Alimony Issues until late fall,
however the Judiciary must either move our Bill forward by February 10,
2018 or it will die in the process.

The good news is that Rep. Claire Cronin hosted a meeting this afternoon
with the Alimony Reform Task Force Members to discuss the current status
of H 740. At the meeting the Task Force Members and Rep Cronin discussed
any possible issues and was educated by the Attorneys as to how well the
ARA of 2011 was working and the need to pass H 740.

The Problem is in the Senate as there are a few well known Senators who
continue to put road blocks in the way.

The Action Plan: We need everyone to contact their Senator to find out
where they stand on the issue.

Like its predecessors,
H 740 would
amend the Alimony Reform Act (ARA) of Massachusetts, passed in 2011, by retroactively applying those “ARA provisions
calling for the reduction or termination of alimony when a payor reaches
retirement age, or a recipient cohabitates with a new partner, applicable
to all Massachusetts alimony orders, including those entered before 2012.”
Because the bill would directly modify the ARA, supporters have dubbed
the bill the Alimony Re-Reform Act (ARRA).

Challenges Mount for Reform Advocates as Years Pass

Perhaps the biggest challenge faced by reform advocates is the simple passage
of time. Six years have passed since the original Alimony Reform Act became
law in 2011. More than a third of Massachusetts House and Senate seats
have changed hands since that vote, and those remaining lawmakers who
did vote for the original bill have moved on or
changed their position. The number of Massachusetts voters affected by the lifetime alimony loophole
have also dwindled, as many pre-2012 divorcees have quite literally died
of old age while the Senate has delayed action on the bill.

With the 2018 legislative session starting in January, reform advocates
will have until February 10, 2018 to try to force a vote in the Judiciary
Committee. Advocates hope that if they can break free of Brownsberger’s
Committee, that the bill may progress quickly given the broad support
the ARRA has enjoyed outside of Brownsberger’s sphere.

About the Author: Jason V. Owens is a Massachusetts divorce lawyer and Massachusetts family
law attorney for Lynch & Owens, located in Hingham, Massachusetts.

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